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(영문) 인천지방법원 2015.04.22 2015고단1062

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 16, 2014, around 03:10 on December 16, 2014, the Defendant: (a) received a report from 112 to the police officer belonging to the Incheon Western Police Station D District, which called “Iskin, Chewing,” and received an explanation that “Iskin was impossible due to internal circumstances of the telecom,” and expressed the explanation to the police officer belonging to the Incheon Western Police Station D District, who called “Iskin, Chewing,” and boomed E’s chest three times by hand, and assaulted E with three times by hand; and (b) arrested as a flagrant offender of the obstruction of performance of official duties; and (c) arrested as a flagrant offender and carried in the said D District, “Iskin, Iskin, Is you will die.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant assaults a police officer who is performing official duties under the influence of alcohol.

However, in light of the fact that the attitude of committing the instant case is relatively minor, and that the Defendant was killed by taking advantage of his depth and importance, and that the police officer submitted a written application that the E does not want the punishment of the Defendant, and that the social relationship such as family members is evident, the Defendant is sentenced to a fine like the disposition.